Patent Eligibility - Where Are We Headed?

Arlington, VA. March 18, 2025 –The American Intellectual Property Law Association (AIPLA) submitted comments on the World Intellectual Property Organization Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge.

On February 26, 2025, the Supreme Court issued a unanimous decision in Dewberry Group, Inc. v. Dewberry Engineers Inc. The opinion is in line with the amicus brief filed by AIPLA on September 6, 2024.

Arlington, VA. January 30, 2025 –The American Intellectual Property Law Association (AIPLA) submitted comments to the Department of Intellectual Property of Thailand on the New Draft Patent Law being considered for adoption. The comments focus on many issues in the proposed law relating to patent registration, subject matter eligibility, patent term extensions, and enforcement, among other matters.

In a joint letter, AIPLA and IPO urged Congress to ensure the USPTO has the resources and flexibility needed to address its patent application backlog, which has reached 826,000. The letter notes that timely patent examination is essential to US innovation, economic growth, and global competitiveness, yet recent executive actions—such as a hiring freeze, return-to-office mandates, and employee buyouts—may impact the USPTO’s operations. Unlike other agencies, the USPTO is funded by user fees, not taxpayer dollars, and must retain resources to process applications efficiently. Restrictive policies could slow innovation, weaken IP protection, and harm US economic leadership. Secretary of Commerce nominee Howard Lutnick has acknowledged the urgency of reducing delays, and we support efforts to strengthen the USPTO’s capacity. AIPLA and IPO welcome the opportunity to work with Congress on legislative and administrative solutions that support American inventors and businesses.

On November 20, 2024, the USPTO published its final rule, “Setting and Adjusting Patent Fees During Fiscal Year 2025,” which will take effect on Sunday, January 19, 2025. Since the April 3, 2024, Notice of Proposed Rulemaking to establish or increase certain patent fees, AIPLA has actively engaged with its members by gathering feedback, submitting written comments, meeting with USPTO officials, and hosting informational webinars to keep members informed of the changes. As the implementation date approaches, members have raised additional questions, prompting AIPLA to seek clarification from the USPTO. Read below the results of our outreach with the Office.